How to prove tenancy right
Nalinee
(Querist) 22 April 2013
This query is : Resolved
Hi,
We are tenant in a property in Mumbai from almost 1945. The property was taken on rent by my Grand-father, After Grandfathers Death, it was transferred to my Fathers name.
Background of the Building -
1. The Original Property owner Sold out the property to another owner in 1984.
2. The property was auctioned by Municipality of Mumbai in 2006.
3. My Father expired in 1995, but we could not transfer the property in the name of my mother yet.
4. Since last 2 years we are not continuously occupying the property, since my mother is unwell & staying at my own house. But we are going there regularly (once a week)
5. I have sent 2 letters in the name of my Mother staying that presently due to her health she is staying with me.
6. Owner is sending us the rent bills with 18% pa int on accrued amount, however when we pay the rent by Cheque, he is not depositing the bill, neither he is accepting our Money order.
7. While Sending bills as we are not available in the house, he is resending the bills by Regt post stating that since we are not present in house he is sending by Regt. Post.
8. Owner is not even accepting the rent from other tenants who are staying there regularly.
Need your advice on what can be a possible course of action to prove the tenancy?, How can we transfer the property in my Mothers name? Can he reject our tenancy?
Please advice urgently.
Thanks ,
Rajendra K Goyal
(Expert) 22 April 2013
You can send a notice mentioning the situation and the fact that he is not accepting the rent intentionally and if he continued to do so you will deposit the rent in the court. After the notice period approach the court with the help of a local lawyer and deposit the rent in the court.
Adv k . mahesh
(Expert) 22 April 2013
best option is first all the tenants first decide how to proceed and a talk then if you option is for going legally go by a team then your case will be strong
J K Agrawal
(Expert) 23 April 2013
Basically you want to become owner of property any way? it is not possible at all unless the land lord sells the property to you.
You can approach court to deposit the rent.
